For those who may have been reading this blog for a long time, you may recall our winning appeal a few years ago involving a condominium foreclosure. Well, we have a new winning appeal in that case!
Our client owns three units in a complex governed by an condominium owner’s association (which functions very similarly to a home owner’s association, or HOA), and he had a dispute with the association about dues and the association’s duty to make repairs to some flood damage. The association eventually filed a foreclosure action against him for failure to pay his dues. On appeal, we had that foreclosure order reversed.
For procedural reasons too complicated to explain in a short blog post, the case was sent back to the Superior Court for a recalculation of our client’s possible liabilities. Given the ledger, it seems entirely perfunctory; the math just did not add up to justify a foreclosure. Nonetheless, to our surprise, the Superior Court entered a new foreclosure order which effectively repeated the errors it had made the first time.
We appealed again, and today we received our second winning opinion in this case. You can read about it HERE. The end of the opinion hints that this repeated foreclosure action, in the face of math that just does not add up, could result in the imposition of sanctions and attorneys fees against the association. This would be a great result for the “little man” who has simply refused to fold, despite the unrelenting litigation directed at him by the association and its law firm. Kudos to our client! We were glad to help.